Cybersecurity: Are Fintech & I.T. Gurus Cyber-Criminals Under The Ambit Of The Law?

Cybersecurity: Are Fintech & I.T. Gurus Cyber-Criminals Under The Ambit Of The Law?

Introduction

The perception of the Nigerian cyber infrastructure
and the legal apparatus for the sustenance and governance of the cyber space,
is one which has been largely left in the dark, as such enough misconceptions
abound as to trending legal and socio-economic issues arising in respect of
cyber security.

One of such misconceptions, presently rocking
the Nigerian social corridors is whether or not the average IT enthusiasts and
IT professionals walking our streets, who concern themselves with digital
technologies, coding, web development, software development, ethical hacking,
graphic designs, and a host of others are cyber criminals within the context of
the Nigerian laws?

It is kindly observed, that although a host
of handlers of the cyber space in Nigeria employ their level of technological expertise
to indulge the cyber environment in furtherance of their malicious intent and
purposes, to commit frauds and other unlawful acts, this should not make the
entirety of our IT professionals criminals under the intentions of our laws.

 

Are Cyber Space Operators, Criminals in the Eyes
of the Law?

To set this discuss in the right perspective,
it is imperative to state clearly that social opinions and perceptions do not amount
to what is legally right or wrong, as the above is strictly within the confines
of cold laws and fact, and as such, are not subject to the dictates of social
opinions, assertions, arguments and conclusions. They are governed by the
provisions of the laws in force, which govern such areas of humanity and the
ability of the Courts, to give meaning to the relevant laws, in the light of
facts before it thereby determining the fate of the individuals before it and
doing justice.

 

The issue of whether or not, a cyber-operator
is a criminal, or guilty of a crime or not, is strictly governed by the
existing laws, enforcement processes and legal frameworks. The provision of the
Constitution of the Federal Republic of Nigeria,1999(as amended), being a chief
actor in the totality of Nigeria’s Criminal justice administration, has laid
the above to rest, where it provides quite unequivocally under Section 36 (5)
that:

 

“Every person who is charged with a criminal
offence shall be presu
med to be innocent until he is proved guilty.”

 

And Section 36 (11) of the Constitution, where it states clearly:

 

“a person shall not be convicted of a
criminal offence unless that offence is defined and the penalty therefore is
prescribed in a written law, and in this subsection, a written law refers to an
Act of the National Assembly or a Law of a State, any subsidiary legislation or
instrument under the provisions of a law”.

 

By the combined construction and deduction of both provisions above, a
person, can only be declared a criminal,
when the Courts make a pronouncement to that effect, in the light of the
relevant statutory provision, defining such act, as an offence and punishing
it.

In addition to the above existing legal
foundations for criminal enforcement in Nigeria, our criminal justice
administration, has laudably evolved to meet the demands of cyber security,
through the recent enactment
of the Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015,
which has clearly defined and punished a wide variety of cyber-offences, all in
a bid to make the cyber space a better place, including but not limited to
cyber stalking, bullying and terrorism, to mention but a few.

In recent days, the Court of Appeal, in the case of Solomon Okedara V. AGF (2019)
LCN/12768 (CA)
, had to consider the Constitutionality of Section 24 of the Cybercrimes Act to determine whether or not such
was inconsistent with the overriding provisions of the Constitution.

The above Section, provides:

 

“A person
who knowingly or intentionally sends a message or other matter by means of
computer systems or network that is grossly offensive, pornographic or of an
indecent, obscene or menacing character or causes any such message or matter to
be sent, or he knows to be false, for the purpose of causing annoyance,
inconvenience danger, obstruction, insult, injury, criminal intimidation,
enmity, hatred, ill will or needless anxiety to another or causes such a
message to be sent, commits an offence under this Act and is liable on
conviction to a fine of not more than N7,000,000.00 or imprisonment for a term
not more than 3 years or both.”

 

In determining the constitutionality of the above provision, The Court reasoned from the above provision that the legislature has the
power to enact laws that are reasonably justifiable in a democratic society and
that such laws shall not be declared invalid merely because they appear to be
in conflict with the rights and freedom extended to citizens under the
Constitution. However, the Court noted, for example in the case at hand, that
the right of freedom of speech guaranteed under Section 39 cannot be taken away “except for the purposes of
preserving the interest of defense, public safety, public order, public
morality, public health or for the purpose of protecting the rights and freedom
of other persons.”

 

Thus, the question of whether a person is a
cyber-criminal or not, is exclusively determinable by the Courts, when the Courts
breathes life into the provisions of the Cybercrimes Act and other existing
legal frameworks relevant to the Nigerian cyber space. Today, the Act, has
defined and punished several acts which are capable of being committed on the
online space, including:

 

·       
Section
18,
Cyber
Terrorism,

·       
Section
22,
Identity
Theft and Impersonation

·       
Section
23,
Child
Pornography and Related Offences,

·       
Section
23(2)
Cyber
Bullying

·       
Section
24,
Cyber
Stalking,

·       
Section
25,
Cybersquatting,
to mention but a few.

 

It is therefore clear, that IT gurus and Fintechs,
are not cybercriminals within the ambit of our laws, in the event that the
society wrongly terms them as such, they only become criminals, when the Courts
pronounces them as such and does justice in the light of relevant and pre-existing
legal frameworks.

 

 

 

 

Cyber
Space Operators and Law Enforcement Agencies: Towards a Mutually Beneficial Partnership

 

As the Fin-Tech and IT
industry continues to grow and develop, so does the opportunities for criminals
to exploit such systems meant to foster innovation as well. Thus, it is
important to have that trust and collaboration between regulators, enforcement
agencies and Fintech companies through establishing better lines of
communications and also getting involved in their regulations by reporting
violators, operate according to standards and confines of the law, host
workshops and symposia regularly.

 

Establishing an open channel
of communication, is imperative to enhancing legal collaborations and
partnership, which helps to secure productive platforms of curbing the events
of criminality in our cyber space, For the following reasons;

 

1.                
The availability of the
requisite skills and technical know-how among cyber space operators, could help
beef up the apparatus of the Nigerian law enforcement agencies, towards better
cyber space policing.

 

2.                
The operators of the
Nigerian cyber space, could help make reports of any suspicious occurrences
among the cyber space operators, capable of evolving into cybercrimes.

 

3.                
The Nigerian law enforcement
agents, can better leverage on indigenous cyber space organisations, bodies and
associations, to report acts of misconduct or ethical breaches, among their
members, thereby curbing potential threats to the security to the Nigerian
cyber space.

 

4.                
The law enforcement agents,
could better curb the menace of cybercrimes, by engaging cyber operators within
their ranks thereby enhancing the efficiency of cyber policing.

 

The Emerging
Fields of Cyber Threats: A Wake up Call for Nigerian Cyber Space Protection.

 

While it is laudable, that the Nigerian
criminal justice system has set in motion a legal framework for managing and
controlling the events of cyber-crimes within her borders, through her
recognition and enactment of the Cyber
Crimes Act, 2015
, it is imperative to note that law exists as a tool of
social engineering and must continually evolve to meet the emerging curves that
hampers man’s existentiality, by the constant review, amendment and if need be,
enactment of new and relevant laws, which tackle emerging trends in crime
commission in the cyber space.

 

It is also important for cyber space law
enforcers, to be fully abreast with this emerging tendencies and potentials in
the cyber space today to adequately build capacity and enforce sanity in the
cyber space. Among the emerging areas of cyber threats are:

 

a.                
Identity
Theft:
This
has become very prevalent in Nigeria.
Identity theft is the crime of obtaining the personal or financial
information of another person to use their identity to commit fraud, such as
making unauthorized transactions or purchases. Identity theft is committed in
many different ways and the end result is that victims are typically left with
damage to their credit, finances, and reputation.

 

b.               
Ransomware: This is
a form of malware (malicious software) that attempts to encrypt (scramble) your
data and then extort a ransom to release an unlock code. Most ransomware is
delivered via malicious emails.

 

c.                
Hackers: Gaining
access to IT systems from outside an organisation still offers rich pickings
for criminals. Traditionally they have attempted to gain access to bank account
information or credit card databases. However, intellectual property is another
source of value. The use of social engineering, tricking staff into revealing
user names and passwords, remains a threat.

 

d.               
Data
leakage:

While cyber security in the office may seem challenging, it is essential to
understand that security extends well beyond the office these days. The use of
smart phones and tablets has become widespread. The ubiquitous and cheap nature
of portable storage devices makes them a useful tool for the backup and
transportation of data. Those features mean they are also a target for data
thieves.

 

e.                
Malware on
Mobile Apps
: Mobile devices are vulnerable to malware attacks just
like other computing hardware. Attackers may embed malware in app downloads,
mobile websites or phishing emails and text messages. Once compromised, a
mobile device can give the malicious actor access to personal information, location
data and financial accounts.

 

f.                 
Phishing: An
email-borne attack that involves tricking the email recipient into disclosing
confidential information or downloading malware by clicking on a hyperlink in
the message.

 

g.               
Spear
Phishing:

A more sophisticated form of phishing where the attacker learns about the
victim and impersonates someone he or she knows and trusts.

 

h.               
Cyber
Espionage:

Both large and small organizations are beginning to store at least some of
their data in the cloud. Right Scale recently found that private cloud adoption
increased to 77% among organizations; hybrid cloud computing increased as well.
Whether the thief is coming from the inside or outside, attacking private,
public or hybrid cloud technologies, trade secrets and other valuable
intellectual properties are at risk. This is, of course, in addition to
valuable customer data.

 

Conclusion.

 

Conclusively, it is
kindly observed that the Nigerian cyber policing infrastructure, must develop
competence, in the light of the recent emerging issues and threats which are
presently exasperating the Nigerian cyber space. It is in not enough that there
are laws, and legal frameworks recognising and curbing the events of cybercrimes
in Nigeria. Our cyber security enforcement frameworks, must treat the
commission of cyber offences differently in the light of enabling legislations,
expertise, technical know-how and experience, and awake to the demands of cyber
security, policing and enforcement, when this is done, the issues of cyber
security will be brought to a definite rest.

 

 

Written by:  Oyetola Muyiwa Atoyebi, SAN.

Mr. Oyetola Muyiwa Atoyebi, SAN is the Managing Partner of
OMAPLEX Law Firm, he is one of the leading Senior Advocates of Nigeria in
Information Technology, Cyber Security, Fintech and Artificial Intelligence
(AI). He is the youngest in the history of Nigeria to be elevated to the rank
of a Senior Advocate of Nigeria. At age 34, he was conferred with the
prestigious rank in September, 2019. He has a track record of being diligent
and he ensures that the same drive and zeal is put into all matters handled by
the firm. He is also an avid golfer.

 LinkedIn:
https://www.linkedin.com/in/atoyebi-oyetola-muyiwa-san-804226122/

 

 

 

Opportunities For Nigerian Lawyers In The Global Entertainment Industry

Opportunities For Nigerian Lawyers In The Global Entertainment Industry

Christmas has come early; Greysage consulting will host a webinar that adequately caters to lawyers, law graduates, and law students who are enthused and fascinated by the global entertainment industry.

The webinar will be held on the 12th of November, 2020, via zoom, at 11am – 1pm and Greysage has recruited famed Nigerian entertainment lawyer, Akinyemi Ayinoluwa, to share important tips that would help guide Nigerian lawyers to explore, pursue an interest, and build a practice area that caters to the entertainment industry.

In recent times, there have been countless credible reports from many institutions who have conducted extensive research on the economic viability of the Nigerian entertainment industry.

Greysage Consulting believes that Nigerian lawyers have significant roles to play with helping to build the burgeoning Nigerian entertainment scene. With their mastery of law and eye for detail they are well equipped to take on responsibilities that would provide them professional and economic gratification.

This webinar would lay bare the world of possibilities available to lawyers in the entertainment industry.

To attend, reserve a spot at https://greysagehq.com/createyourfuture/

The zoom link will be shared after notification of payment.

Get ready for this webinar, if you miss it…you may have to wait till the next time we re-launch it again and that might be next year.

The webinar is supported by Legal Naija and Lawyard.
Have a wonderful week.

With Love,
Opeyemi Akanni
GreySage Consulting Ltd.

Powers And Functions of the National Information Technology Development Agency (NITDA)

Powers And Functions of the National Information Technology Development Agency (NITDA)

National Information
Technology Development Agency (NITDA)
 is a public service
institution established by NITDA Act 2007 as the ICT policy implementing arm of
the Federal
Ministry of Communication
 of the Federal Republic of Nigeria. It has
sole responsibility of developing programs that caters for the running of ICT
related activities in the country. NITDA is also mandated with the
implementation of policies guideline for driving ICT in Nigeria. The Board
shall have power to formulate overall policy for the management of the affairs
of the Agency; and manage the National Information Technology Development Fund
established under Section 12 of the Act including;

(c) Appoint, promote,
terminate, dismiss and exercise disciplinary control over the principal
officers and senior staff of the Agency;

(d) Structure the Agency
into such number of departments as it deems fit for the effective discharge of
the functions of the Agency; and

(e) Exercise such powers as
are necessary of expedient for giving effect to the provision of this Act.

 

The functions of the Agency as
provided in Section 6 of the NITDA Act include:

(a) Create a frame work for
the planning, research, development, standardization, application, coordination,
monitoring, evaluation and regulation of Information Technology practices,
activities and systems in Nigeria and all matters related thereto and for that
purpose, and which without detracting from the generality of the foregoing
shall include providing universal access for Information Technology and systems
penetration including rural, urban and under-served areas.

(b) Provide guidelines to
facilitate the establishment and maintenance of appropriate for information
technology and systems application and development in Nigeria for public and
private sectors, urban-rural development, the economy and the government.

(c) Develop guidelines for
electronic governance and monitor the use of electronic data interchange and
other forms of electronic communication transactions as an alternative to
paper-based methods in government, commerce, education, the private and public
sectors, labour, and other fields, where the use of electronic communication
may improve the exchange of data and information.

(d) Develop guidelines for
the networking of public and private sector establishment.

(e) Develop guidelines for
the standardization and certification of Information Technology Escrow Source
Code and Object Code Domiciliation, Application and Delivery Systems in
Nigeria.

(f) Render advisory services
in all information technology matters to the public and private sectors.

(g) Create incentives to
promote the use of information technology in all spheres of life in Nigeria
including the setting up of information technology parks.

(h) Create incentives to
promote the use of information technology in all spheres of life in Nigeria
including the development of guidelines for setting up of information technology
systems and knowledge parks.

(i) Introduce appropriate
regulatory policies and incentives to encourage private sector investment in
the information technology industry.

(j) Collaborate with any
local or state Government, company, firm, or person in any activity, which in
the opinion of the agency is intended to facilitate the attainment of the
objective of this act.

(k) Determine critical areas
in Information Technology requiring research intervention and Development in
those areas.

(l) Advice the Government on
ways of promoting the development of information technology in Nigeria
including introducing appropriate information technology legislation, to
enhance national security and vibrancy of the industry.

(m) Accelerate internet and
intranet penetration in Nigeria and promote sound internet Governance by giving
effect to the Second Schedule of this Act; and

(n) Perform such other
duties, which in the opinion of the Agency are necessary or expedient to ensure
the efficient performance of the functions of the Agency under this act.

@Legalnaija

 

BUY NOW: The Ultimate Guide To Social Media For Lawyers

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– Deji, Lawyer

“In a time where lawyers are for the most part restricted from advertising
their services, it is imperative that we learn to harness the power of social
media to not only amplify our voices, but carve a niche for ourselves in the
legal market. “Social Media for Lawyers” is without a doubt, the
perfect tool for lawyers in this regard. I recommend this for not only lawyers,
but professionals from every discipline.”

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Learn The Nigerian Constitution By Registering For This Class

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#EndSARs: Can Live Video Evidence Be Relied Upon? | Freda Odigie

#EndSARs: Can Live Video Evidence Be Relied Upon? | Freda Odigie

On the 20th day of
October 2020, what started as a peaceful protest for over two weeks turned
bloody after the Nigerian Army allegedly unleashed it’s bullets at unarmed protesters
leading to loss of lives and many injured. The protest tagged #ENDSARS was
carried out across many cities in Nigeria and other countries.

Fortunately, a number of
protesters recorded the situation where the world could hear and see the
atrocities allegedly committed by the Nigerian Army. Some broadcasting stations
covered the situation and showed footages of this tragic event taken at the
protest ground.  

The Nigerian Broadcasting
Commission (NBC) on Monday the 26th of October 2020, six days after
the tragic shooting at Lekki Toll gate, fined three broadcasting stations,
Arise TV, African Independent Television (AIT) and Channels TV with 3 Million
Naira each. The reason given was that these stations covered the shootings by
posting unverified footages. However the fine received some strong oppositions
one of which is the Socio-Economic Rights and Accountability Project (SERAP)
who issued NBC 48 hours ultimatum to withdraw the fine or risk legal actions.
SERAP argued that the fine was an attempt to silence the media and restrict
freedom of speech and the press. Also, some Nigerian Lawyers under the aegis of
Digital Rights Lawyers Initiative (DRLI) filed a lawsuit against NBC over the
fines.

While it is true that a number
of fake and old videos were circulating the internet after the shooting occurred,
some videos raises no iota of doubt, one of which is the live video shared by
DJ Switch on Insta Live. From the video, we could see and hear gunshots, people
running, bullets, soldiers shooting at protesters. Despite videos corroborating
the location and presence of some Nigerian soldiers at the scene of the
shooting, the Defence Headquarters claimed the videos shared are fake. As a
result, people have questioned the authenticity of these videos, others have argued
that live videos from social media platforms like Facebook and Instagram cannot
be Photoshopped while it is being recorded.

These questions raises quite a
number of issues for determination in this scenario.

CAN LIVE VIDEOS BE
PHOTOSHOPPED?

Several live coverage on the shootings
were circulated all over social media from the phones of protesters who were
present at Lekki toll gate. Most notably the Lekki shootings where members of
the Nigerian Army were allegedly shooting at protesters. From some of the videos,
we could see that the lights illuminating the Lekki toll gate went off almost
immediately the shootings started.

From the video, we could see
that it was a live coverage on Instagram. However there are contradictory
stories coming from both the witnesses who were at the shooting scene, the
Lagos State government and the Nigerian Army, the question lingering is whether
that video is authentic or photoshopped. Where the Army initially denied being
at the scene.

Without the need for long rigmarole,
the simple answer is that a live video from social media cannot be photoshopped
or edited while it is recording because it is LIVE!!!!   While
it is possible for unverified and old videos to circulate during an unrest, it
is impossible for a live video on any social media platforms to be photoshopped.

 

CAN LIVE VIDEOS BE
ADMISSIBLE IN EVIDENCE?

The admissibility of
electronically generated evidence is governed by Section 84 of the Evidence
Act. The section states as follows:

(1)  In any
proceeding, a statement contained in a document produced by a computer shall be
admissible as evidence of any facts stated in it of which direct oral evidence
would be admissible, if it is shown that the conditions in subsection (2) of
this section are satisfied in relation to the statement and computer in
question.

 

(2)  The
conditions referred to in subsection (1) of this section are-

a.   
That the document containing the statement was
produced by the computer during a period over which the computer was used
regularly to store or process information for the purposes of any activities
regularly carried on over that period, whether for profit or not, by anybody,
whether corporate or not, or by an individual;

b.   
That over that period there was regularly
supplied to the computer in the ordinary course of those activities information
of the kind contained in the statement or of the kind from which the
information so contained is derived

c.   
That throughout the material part of that
period the computer was operating properly or, if not, that in any respect in
which it was not operating properly or was out of operation during that part of
that period was not such as to affect the production of the document or the
accuracy of its contents; and

d.   
That the information contained in the statement
reproduces or is derived from information supplied to the computer in the
ordinary course of those activities.

 

Telephones are a form of
computer and social media cannot operate without the use of computers. We have
seen court proceedings, crimes committed, confessions of crime committed,
sealing of contracts, defamatory statement, receipts of payment made and even
corroboration of a crime happening live on social media platforms.  Therefore evidence generated from social
media are admissible as they fall under Section 84 of the Evidence Act. As long
as the device containing those content fulfills the requirements of Subsection
2 of Section 84.

 

IS SANCTIONING A MEDIA
OUTLET WHO POST LIVE VIDEOS OF AN EVENT IN BREACH OF FREEDOM OF THE PRESS

Among the fundamental rights a
person is entitled to is the right to Freedom of Expression and the Press.
Section 39 of the 1999 Constitution provides for the right of expression and
freedom of the press. Generally, an attempt to silence or restrict the press is
a breach of the constitution.

In addition with the
provisions of the constitution, Section 1.2 of the NBC Code on Coverage of
Crisis, Disorder and Emergency, Sections 1.2.6 and 1.2.7 precisely, broadcasting
stations are admonished to verify their news before posting.

With the threat of legal
action, the question is will SERAP succeed if they bring an action as the NBC
is the body in charge of broadcasting stations in the country. The NBC Code in
Section 1.2.6 states that “Broadcasters
using social media sources or any emerging technologies for coverage of
disasters and emergencies shall ensue the veracity and credibility of the
originating material and content”
.

Section 1.2.7 states thus “Broadcasters in using social media
sources or any emerging technologies shall ensure due caution and
professionalism in the coverage of disasters and emergencies”.

Also the NBC cannot rely on
any other law or code to justify this sanction as Section 1 (3) the 1999
Constitution states that “If any other
law is inconsistent with the provision of this Constitution, this Constitution
shall prevail and that other law shall to the extent of the inconsistency be
void”.

What NBC would have done is to
investigate the authenticity of the news before imposing fine. The actions of
NBC does not seem sincere as this administration have been repeatedly accused
of attempting to silence the press. If they cannot prove that this news are
unverified then the fine imposed on these stations are illegal and uncalled
for. The media is an essential part of the potency of democracy therefore an
attempt to silence the media is an attempt to disrupt democracy. The only way
the fine will be tenable is if there is evidence that the videos published by these
stations are fake.

CONCLUSION

The action of NBC reminds
people of the proposed plan to curtail hate speech by censoring social media
which have received serious backlash from citizens. With the distrust citizens
have for the government, actions taken like that of NBC will only create more
doubt and distrust of the government. The Digital Forensic Research Lab noted
that the videos showing the shooting are authentic. The fine itself lost its
credibility when the Nigerian Army admitted that they were sent by the Lagos
State government to contain the unrest.

For a satisfying fact check,
the NBC is expected to investigate the authenticity of whatever videos shared
by these broadcasting stations before imposing any form of fine on them.

 

Article
by Freda Odigie.

Legal
Practitioner at E.A Otokhina & Co

Visas And Permits Under The Nigerian Immigration Law[1] | KHALID ABDULKAREEM

Visas And Permits Under The Nigerian Immigration Law[1] | KHALID ABDULKAREEM

1.0.      Introduction

            The sources of the Nigerian
Immigration Law are divided into primary and secondary sources. The primary
sources mainly consist of the Immigration Act, 2015, Immigration Regulations,
2017 and the Nigerian Visa Policy, 2020, while the secondary sources are the
1999 Constitution as altered and Nigerian Oil and Gas Industry Content
Development Act 2010.
Embedded under these laws are visas and permits that must be obtained by
foreigner desirous of entering into the country for one reason or the other.
The Nigerian Immigration Service is the body statutorily mandated and empowered
to issue or grant such visas and permit. 
This article serves as a summary exposition of these relevant visas and
permits.

2.0.     Classes of visas
available under the Nigerian Law

            The categories of visas existing and
obtainable by expatriate under the Nigerian law include the following;

(a)      
Transit
Visa/ Entry Permit
[2]

 

This
visa is applicable to foreigners travelling to destinations other than Nigeria
but having reason to stop in Nigeria with visa to their destination. To be
eligible, such foreigner must have a confirmed ticket to his/her final
destination with adequate fund.

 

(b)     
Business
Visa
[3]

 

Business
Visa is meant for foreigners who are interested in establishing business or
investment in Nigeria. It is valid for the period of three months but is
invalid for employment purposes.

 

(c)      
Tourist
Visa

              Foreigners wishing to visit
Nigeria for the purpose of tourism or to visit family and friends are required
to obtain tourist visa. Requirement for issuance of tourist visa includes;
evidence of sufficient funds, evidence of hotel accommodation and flight
itinerary. The visa is not valid for employment.

(d)     
Diplomatic
Visa

Apart
from being entitled to diplomatic immunity, diplomats and member of their
families are also entitled to diplomatic visas. Eligibility to diplomatic visa
also extends to visiting head of states and their families, top officials of
government and their families, members of accredited international
non-governmental organisations and international organisations.

 

(e)      
VISA
ON ARRIVAL

The
Visa on Arrival channel is available at the port of entry into the Country.
This is available for those whose visa application falls within the qualifying
classes of visas; these include frequent business travellers, emergency relief
workers and holders of passports of African Union countries.

 

(f)       
Subject
to Regularisation Visa (STR)

Foreigners
who seek to work with individuals, corporate bodies or governments in Nigeria
need a STR to do so. Where the position to be occupied by the foreigner is
Chief Executive Officer of the Corporate Organisation, there will be need for
the extract of the minutes of the Board’s resolution.

 

(g)     
Temporary
Work Permit Visa
[4]

                                                                               This
is a short-term employment (TWP visa) is a single entry work visa issued to
foreign nationals to carry out short-term specialised work such as; Audits and
accounts, consultancy services, installation and repairs of specialised
equipment and machineries , maintenance repairs and feasibility studies. A TWP
may be extended for two months with the approval of the Comptroller General of
Immigration.

 

(h)     
Expatriate
Quota
[5]

 

Expatriate
Quota is an approval granted to companies or registered firms to employ the
services of expatriates with relevant competences. One significant use of the
expatriate quota is that it is meant to create an avenue for Nigerian employees
to understudy their expatriate counterparts during the validity of its
issuance.

            The two types of expatriate quota
positions are;[6]

(i)               
Permanent
Until Review
(PUR)[7]

The
PUR expatriate quota is granted on a permanent basis usually to the benefit of
a person occupying a top management position in the company e.g. Chairman or
Managing Director.[8]
The essence of applying for and obtaining the PUR is to exclude these employees
from the hassle that may be experienced in the course of periodic renewal of
residence permits and also to ensure that the local company is able to protect
its investment.[9]

 

(ii)            
Temporary
Expatriate Quota

This
type of expatriate quota is usually reserved for the position of Director and
other employees of the company for between one and three years.

(i)   
Combined
Expatriate Residence Permit And Aliens Card (CERPAC)[10]

The CERPAC is a
permission granted to Foreigners to live and work in Nigeria for up to two
years, which is subject to renewal and validity of the expatriate quota. It is
a work and resident permit required for any foreigner to reside in Nigeria for
any lawful purposes excluding Diplomats; Government Officials, Niger Wives[11];
and Non- Governmental Organizations (NGOs) who are granted CERPAC gratis. The
card is valid for two years, after which application for revalidation must be
made.

 

The two type of CERPAC are;

 

(i)               
CERPAC Green Card

This card allows foreigner to reside in
Nigeria and carry out an approved activity as stated on the permit or to
accompany a resident or citizen of Nigeria as a dependant.

 

(ii)            
CERPAC Brown Card

This card is mainly a movement chart for
every foreigner in Nigeria or visiting with the intention to remain in the
country beyond 56 days in accordance with registration requirement under the
law. It is also applicable to crew members leaving their ship and staying
ashore in excess of 28 days.

 

3.0.      Concluding Remarks

 

Conclusively,
this piece has basically dealt with some of the required visas and/or permits
that foreigners seeking to come in to the Country must obtain. Where any
foreigner is found wanting or guilty of non-compliance with the requirements as
set out under the Immigration Law would be subjected to stringent penalties –
ranging from administrative fines to imprisonment and deportation.

Profile
of Khalid Adulkareem:

Khalid
Adulkareem is an associate at Omaplex Law Firm with broad and in depth
understanding in the following areas Immigration Law and  Intellectual Property Law,he has
 advised
and
facilitated several transactions
including
commercialization of their intellectual
property rights and other areas.

 



* L.
B. Tairu; tahiru@omaplex.com.ng and K. O.
Abdulkareem; abdulkareem@omaplex.com.ng

 

[3] Section 37(9) of the Act and Regulation 6(1)- (3)

[4] Section 37(8) of the Act.

[5] Section 36(1) of the Act and Regulation 12 (1) and (2) of the
Regulation. 
Also, under Section 33 (1) of the Nigerian Oil & Gas Industry
Content Development Act 2010 operators shall make application to, and receive
the approval of, the Nigerian
Nigerian Content Development and Monitoring
Board
before making any application for expatriate quota to
the Ministry of Internal Affairs or any other agency or Ministry of the Federal
Government

 

[6] It is instructive that there are circumstances where additional
expatriate quota may be granted and that an expatriate quota may also be
re-designated.

[7] Adekunle Obebe, “Nigeria Immigration Law & Practice” (1st
Edition, 2017 BLP Publication Service) 54

[8] In practice, the ‘Grantee’ of a PUR Quota applies for revalidation
after 10 years of its grant even though no law provides for such revalidation. Ibid.

[9]Ibid.

[10] https://portal.immigration.gov.ng/?p=about
< last assessed on the 4 September 2020>

[11] Niger wives is a residence permit for wives of Nigerian National